Case law

Erlinda Ubaldo Clamor v. United States

240 F.3d 1215 · Court of Appeals for the Ninth Circuit · Mar 2, 2001

Our case law clearly favors a finding of Government liability for accidents occurring on military installations. See, e.g., Lutz v. … Clamor failed to establish by a preponderance of the evidence that the scope of employment certification was improper under Hawaii law.

Michael Hedlund v. the Educational Resources Inst

718 F.3d 848 · Court of Appeals for the Ninth Circuit · May 22, 2013

EDUCATIONAL RESOURCES INST. 5 loan provider’s representation that he was ineligible for consolidation due to the default – Hedlund concluded that he would not qualify for the ICRP. … Findings of fact must stand unless clearly erroneous, and . . . .mixed questions likewise are treated as factual in nature.”). 9 We also note that under our established standard of review of bankruptcy court rulings

25 Fair empl.prac.cas. 1565, 26 Empl. Prac. Dec. P 31,834 Anand P. Agarwal, Etc. v. Arthur G. McKee and Company, a Corporation, Etc., Anand P. Agarwal, Etc. v. Arthur G. McKee and Co., a Corporation, Etc.

644 F.2d 803 · Court of Appeals for the Ninth Circuit · May 7, 1981

III 13 We review the district court's factual findings under the clearly erroneous standard of Fed.R.Civ.P. 52(a). We reverse only if we are definitely and firmly convinced that a mistake has been committed. … The district court found that Agarwal established a prima facie case as to almost every part of his case.

Obrey v. Johnson

Court of Appeals for the Ninth Circuit · Mar 3, 2005

He had to establish, by a prepon- 2614 OBREY v. … Nevertheless, none of the testimony that the appellant attempted to offer into evidence so clearly involved delay that was “undue” or a “waste of time” or was cumulative of other evidence that it was excludable.

William Lyle WORATZECK, Petitioner-Appellant, v. Terry STEWART, Director, Department of Corrections, Respondent-Appellee

97 F.3d 329 · Court of Appeals for the Ninth Circuit · Sep 24, 1996

He argues, instead, that, even though the intoxication level did not rise to a level high enough to qualify as a statutory mitigating factor under section 13-703(G), the evidence of his intoxication should have been and was … The evidence clearly supports a finding that the crime was committed in a heinous and depraved manner.

Abel Allan Goodman, an Individual Trading as Weavers Guild v. Federal Trade Commission

244 F.2d 584 · Court of Appeals for the Ninth Circuit · Apr 17, 1957

Another advertisement contains the phrase in bold face: You Work on Qualified Leads. Still another repeated the statement: “You don’t demonstrate anything. You work from qualified leads.” … I will qualify that by saying once in a great while we will get an inquiry of some'kind and might refer it to the salesmen.”

Ming Dai v. Barr

916 F.3d 731 · Court of Appeals for the Ninth Circuit · Mar 8, 2018

The principal intent of the Service is not to oppose the interviewee's goal of obtaining a benefit, but to determine whether he or she qualifies for such benefit. … If the interviewee qualifies *745 for the benefit, it is in the Service's interest to accommodate that goal. * * * B.

Aleksandar MacKovski v. City of Garden Grove

666 F. App'x 649 · Court of Appeals for the Ninth Circuit · Nov 28, 2016

On all claims, I would hold Officer Bex is entitled to qualified immunity and would affirm entry of summary judgment for all defendants. … Katz, 533 U.S. 194 , 208-09, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (finding that officers did not violate clearly established Fourth Amendment law by shoving a protestor wearing a leg brace into a military police van).

In Re Coordinated Pretrial Proceedings in Petroleum Products Antitrust Litigation. State of Arizona v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Atlantic Richfield Co. Exxon Corp. Mobil Oil Corp. And Shell Oil Co., and Continental Oil Co. Gulf Oil Corp. Phillips Petroleum Co. Caribou Four Corners, Inc. And Powerine Oil Co., State of California v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Exxon Corp. Gulf Oil Corp. Mobil Oil Corp. And Shell Oil Co., and Atlantic Richfield Co. Getty Oil Co. And Phillips Petroleum Co., State of Oregon, on Behalf of Itself, Its Residents and All Political Subdivisions Within the State Similarly Situated v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Atlantic Richfield Co. Exxon Corp. Mobil Oil Corp. And Shell Oil Co., and Getty Oil Co. Gulf Oil Corp. And Phillips Petroleum Co., State of Washington, on Behalf of Itself and Its Public Entities and Residents v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Atlantic Richfield Co. Exxon Corp. Gulf Oil Corp. Mobil Oil Corp. Shell Oil Co., and Getty Oil Co. And Phillips Petroleum Co.

906 F.2d 432 · Court of Appeals for the Ninth Circuit · Jun 22, 1990

Were we to permit such a theory, few pricing decisions would be immune from antitrust scrutiny. … ' suggestion that the lack of agreement is clearly indicated by the diversity of publication practices.

United States v. Occidental Life Insurance Company of California, a California Corporation

385 F.2d 1 · Court of Appeals for the Ninth Circuit · Oct 26, 1967

In contrast, insurance companies which did not qualify as life insurance companies were not entitled to the reserve and other policy liability deduction. … The context of the use of the term in section 832 is clearly distinguishable from that in section 806.

Michael Ballaris v. Wacker Siltronic Corporation, a Foreign Corporation

370 F.3d 901 · Court of Appeals for the Ninth Circuit · Jun 3, 2004

Accordingly, the district court was clearly “on notice” of this aspect of the claim and expressly ruled against plaintiffs. See Nelson v. … There, we established that “work” includes even non-exertional acts. Id. at 902 .

Michael Hernandez v. Bakersfield City Steve Brummer, Bakersfield Chief of Police and Jon Scott

145 F.3d 1338 · Court of Appeals for the Ninth Circuit · May 21, 1998

Hernandez argues, however, that the district court's failure to make crucial findings of fact regarding the circumstances of the shooting requires reversal of the finding of qualified immunity. 1 Specifically, Mr. … Hernandez also argues that the district court erred in finding that the law was not clearly established.

East Bay Sanctuary Covenant v. Donald Trump

993 F.3d 640 · Court of Appeals for the Ninth Circuit · Feb 28, 2020

Applying the framework established in Chevron, U.S.A., Inc. v. Nat. Res. Def. … Intangible injuries may also qualify as irreparable harm, because such injuries “generally lack an adequate legal remedy.” Brewer, 757 F.3d at 1068.

Barker v. Fleming

Court of Appeals for the Ninth Circuit · Sep 7, 2005

FLEMING cantly, the text refers to “a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law.” Id. (emphasis added). … “CONTRARY TO CLEARLY ESTABLISHED FEDERAL LAW” [1] Supreme Court holdings at the time of the state court’s last reasoned decision are the source of clearly established Federal law for the purposes of AEDPA.

Johanna Immelt v. Dee Sharp

Court of Appeals for the Ninth Circuit · Aug 21, 2023

The district court properly determined that the officials were entitled to qualified immunity for any claims against them in their individual capacity, because Immelt failed to establish a constitutional violation. … al-Kidd, 563 U.S. 731, 735 (2011) (qualified immunity shields state officials from money damages unless plaintiff shows, among other things, that the official violated a constitutional right).

Chula Vista Citizens for Jobs & Fair Competition v. Norris

755 F.3d 671 · Court of Appeals for the Ninth Circuit · Jun 16, 2014

The code establishes several requirements that official proponents must meet to qualify an initiative. … Against this clearly articulated standard of review for compelled disclosure cases, Kneebone and Breitfelder argue that strict scrutiny should apply.

Ed Spence v. Michael South, Police Officer Kunkell, Chief of Police for the City of Exeter Exeter Police Dept. City of Exeter Crane's Towing

107 F.3d 17 · Court of Appeals for the Ninth Circuit · Feb 6, 1997

South 5 Government officials enjoy qualified immunity from suit for damages if their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … South was entitled to qualified immunity, and summary judgment was appropriate. 2. Kunkel and Exeter 6 Neither Kunkel nor the City would be vicariously liable for South's actions, see Monell v.

Abebe v. Gonzales

Court of Appeals for the Ninth Circuit · Dec 29, 2005

[8] We do not reach the issue of whether Petitioners, par- ents of a U.S. citizen child likely to face persecution in her parents’ native country, may derivatively qualify for asylum. … Clearly, Petitioners sought review only of the IJ’s asylum decision as it pertained to the father on political persecution grounds.

Hotman Tampubolon v. Immigration and Naturalization Service

73 F.3d 370 · Court of Appeals for the Ninth Circuit · Dec 21, 1995

To qualify for a suspension of deportation, an alien must show: (1) continuous physical presence in the United States for at least seven years; (2) good moral character; and (3) that deportation would, in the opinion of the … The BIA did not abuse its discretion in determining that Tampubolon did not establish extreme hardship.

Jennifer Medina v. County of San Diego

671 F. App'x 699 · Court of Appeals for the Ninth Circuit · Dec 21, 2016

Orders denying qualified immunity are immediately appealable. Wilkinson v. Torres, 610 F.3d 546, 549–50 (9th Cir. 2010). … A law enforcement officer is entitled to qualified immunity unless 1) the facts as alleged by the plaintiff show a violation of a constitutional right; and 2) the right at issue was clearly established at the time of the